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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My boss emailed myself and another employee, who is not disabled,

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My boss emailed myself and another employee, who is not disabled, requesting that we do a specific task. Neither one of us were at our desks so we did not see his email. After not getting a response from either of us my boss came out of his office and aggressively approached me. His face filled with anger and his aggressive body stature had me worried. He rushed up to me, shoved his finger in my face and yelled, "I need you on the phone, NOW!". He turned and went back into his office. The only thing he did towards the other individual was to email him. No confrontation for the non-disabled person.
I filed a complaint with our HR department. She came back and met with me a few days later. She said that her and his boss had a conversation with him and although she could not tell me I was to understand that he was disciplined. She then told me that she was disturbed by a comment I had put in my complaint. My comment was "I was not the only Team Leader to not respond to his emails nor was I the only one that did not get on the phone but I was the only Team Leader he aggressively approached. This beckons the question, does he think I am an easy target because I am disabled?". I told her I put that in my statement because that is how I saw it. She said she had a conversation with my boss about this and he replied by saying he had a face to face conversation with me and he only approached me because I was the only one not responding to his emails. I told my HR manager that was not the case and I can prove my point of view. She said she had to take his word for it.
There were two other reps standing right next to me when my boss approached me that will testify his actions. I have emails from my boss to the other Team Leader wanting to know why he was not responding to his emails as well. How should I proceed? I have been employeed with this company for over 12 years. My boss has only been here just under two years. As I pointed out to my HR manager, his behavior seems to be getting progressively more aggressive. I fear he is going to physically harm someone if he is allowed to continue.
Thanks for your advise.
Stan Clark

WALLSTREETLAW :

Hello I am a licensed attorney. I am here to help answer your questions. Please do not hesitate to ask for clarification

WALLSTREETLAW :

This is an unfortunate situation, do you feel his actions towards you are due to your race, disability, age, gender or any other civil right?

Customer:

I do feel that he only approached me the way he did because I am disabled.

WALLSTREETLAW :

NV, is an at will state, so an employer can harass and even bully any employee they wish, unless it is due to the employees protected civil rights, in your case, if you feel he is doing this due to your disability you are protected under the ADA, which is the Americans with Disabilities Act,

WALLSTREETLAW :

under the ADA, you can file an EEOC complaint alleging workplace harassment and discrimination,

WALLSTREETLAW :

also, you can send a letter to the employer stating that he has created a hostile work environment due to your disability, and that if the matter does not change you will have no other option but to file an EEOC complaint.

WALLSTREETLAW :

The Nevada Equal Rights Commission oversees the state's equal rights program, handling discrimination complaints relating to race, national origin, color, religion, sex (gender and/or orientation), age (over 40) and disability, when the discrimination is linked to employment or the Americans With Disabilities Act (ADA).


Discrimination/Harassment - Local Offices of Federal Agency (EEOC)


Equal Employment Opportunity Commission (EEOC)
Los Angeles District Office
255 E. Temple
4th Floor
Los Angeles, CA 90012
Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

Customer:

Ok, EEOC complaint. I can find that on the ADA site. I have filed a complaint with our Human Resources department. They claim they have to take his word that he did not do this.

WALLSTREETLAW :

If you have sent a written complaint, make sure you have a copy, so you can show that the employer failed to take any action to stop the employers action,

WALLSTREETLAW :

the above is the EEOC, and they handle ADA complaints,

Customer:

I do have a copy. I will pursue with the ADA.

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